Won’t pay zoning fee, resident asserts

By Kristen Garrett
Herald Staff Writer

A Sharpsville resident told council members Wednesday he won’t pay the $100 fee for a variance to build a new garage on his property.

Anthony DeNoi, of 951 Main St., now has two garages side-by-side along the back of his property. If he extends the building to the left it will be over a storm sewer. DeNoi said he decided to tear down the building to the left and build a new garage to the right. However, it will come within 3 feet of an alley that runs between Lane Street and Ridge Avenue.

The zoning ordinance requires buildings to be set back 5 feet from the street. DeNoi said he has already spent $1,400 to try to accommodate the borough by paying to have tree stumps removed from his lot so he can build the garage.

DeNoi told council members he would get a permit and build the garage without the variance. Borough Manager Michael Wilson said DeNoi can get a permit only if he is granted the variance. Wilson said it’s up to council to make the decision.

“I won’t pay $100 for a variance,” DeNoi said. He said he will get a lawyer and fight the borough. He said the land that he pays taxes on is useless if he’s not allowed to use it. Alex Kovach, council president, said DeNoi will end up paying $5,000 over a $100 bill if he hires a lawyer.

Councilman Guy Moderelli said council is trying to work with DeNoi, adding that no one is telling DeNoi he can’t build the garage. Moderelli said if council makes an exception in this case it will “open the floodgates” for similar requests.

“Why can’t you just follow the rules like everyone else does?,” he asked DeNoi. Solicitor Joseph M. Joseph said he will study the ordinance and try to find a compromise between council and DeNoi.

“It’s going to be done legally,” Joseph said. “It’s going to be done correctly.”

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